Forming corporation sole is an obsolete concept. Forming corporation or forming an llc, the regular way, can have the same result, less expensively.

The term "corporation sole", in old English law, referred to incorporation of an individual, such as the King, a bishop or other religious officer, where there was a need or a perceived need to provide an "individual" with certain legal capacities and advantages in perpetuity. This type of entity was contrasted with "corporations aggregate", which consisted of many persons united together into one society, kept up by perpetual succession of members, so as to continue forever. The latter, of course, is the concept of incorporation most people have become familiar with.

In recent years, however, the requirement that there be more than one person in a corporate entity has been changed in virtually all jurisdictions, so that a single person can be incorporated, thus eliminating the ancient distinction between corporations sole and corporations aggregate. In virtually every case, a person is better off forming a single person regular corporate entity or llc, rather than be concerned with this outmoded concept, if for no other reason than the fact that it is unnecessary to incur the cost of researching whether or not corporations sole can be formed in a given state, and how to do so if it is possible to do so.

Some of the states have an entities called "close corporations", which are entities restricted to a few individuals, such as the members of a family (and "closed" to everyone else). This type of entity is also outmoded, since the same result is easily attainable with a regular company, drafted with appropriate provisions in its governing documents. Please feel free to contact us if you have questions regarding these types of entities


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